Jones v. Syntex Laboratories, Inc.

*541ORDER

Terrell Jones, Jr. appeals the dismissal of his complaint alleging that Syntex Laboratories, Inc. and Syntex (USA), Inc. (collectively “Syntex”) manufactured and sold defective infant formula that caused him permanent mental and developmental damage. Because we disagree with the district court that the action was barred by res judicata, we vacate the dismissal and remand for further proceedings.

From his birth in May 1979, Terrell Jones was fed Syntex’s soy-based formula marketed under the name “Neo-Mull Soy.” As an infant, Terrell had been suffering from a series of unexplained illnesses…